Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Enforcement provisions

182: Bankruptcy

You could also call this:

“What happens to child support payments if you go bankrupt”

If you are required to make payments under this Act and you are declared bankrupt, any money you owe and haven’t paid when you’re declared bankrupt can be claimed in your bankruptcy.

Even if you go bankrupt or are discharged from bankruptcy, you still have to follow the rules of this Act. This means you’re still responsible for any money you owe, any legal action taken against you, or any punishment for breaking the rules of this Act. This applies to money you owed when you were declared bankrupt, when the bankruptcy petition was filed, or any money you owe after that.

Your bankruptcy also doesn’t change any security that was put in place to make sure you pay what you owe under this Act. It doesn’t affect any property that can be used to pay what you owe, except for property that becomes part of your bankruptcy assets.

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Part 11 Enforcement provisions

182Bankruptcy

  1. Where a liable person who is required to make any payment under this Act is adjudicated a bankrupt, all money due and unpaid at the date of the adjudication shall constitute a debt provable in the bankruptcy.

  2. No such bankruptcy and no discharge from the bankruptcy shall—

  3. release the bankrupt from any personal liability under this Act, or from any proceedings for the enforcement of any liability under this Act, or for the punishment of any breach of any provision of this Act, whether in respect of money due at the time of the adjudication or of the filing of the petition or accruing due thereafter; or
    1. affect any security for the payment of any liability under this Act, or the liability of any property to be made available in satisfaction of any liability under this Act, other than property that is or becomes assets in the bankruptcy.

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